Bornstein v. Bornstein

Appellate Division of the Supreme Court of New York

Bornstein v. Bornstein

81 A.D.2d 559, 438 N.Y.S.2d 332, 1981 N.Y. App. Div. LEXIS 11033

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 28, 1981

StatusPublished

This text of 81 A.D.2d 559 (Bornstein v. Bornstein) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bornstein v. Bornstein, 81 A.D.2d 559, 438 N.Y.S.2d 332, 1981 N.Y. App. Div. LEXIS 11033 (N.Y. Ct. App. 1981).

Pincite

Opinion

— Order, Supreme Court, New York County, entered January 2, 1981 vacating an order of wage deduction entered Febr ruary 1, 1972 as not enforceable with regard to defendant’s new employer, unanimously reversed, on the law, without costs, and application to vacate is denied. We do not agree with Special Term that the subject of an order of wage deduction pursuant to section 49-b of the Personal Property Law may render such an order unenforceable by changing employment. The 1980 amendment of section 49-b (subd 1, par [a]) (L 1980, ch 662, § 1, eff June 30, 1980), specifically including within the scope of such orders future employers, stated explicitly that which in our view was clearly intended previously. The moving papers disclose no other change of circumstances to justify the vacating of the prior order. Concur — Sandler, J. P., Ross, Carro, Markewich and Fein, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Order, Supreme Court, New York County, entered January 2, 1981 vacating an order of wage deduction entered Febr ruary 1, 1972 as not enforceable with regard to defendant’s new employer, unanimously reversed, on the law, without costs, and application to vacate is denied. We do not agree with Special Term that the subject of an order of wage deduction pursuant to section 49-b of the Personal Property Law may render such an order unenforceable by changing employment. The 1980 amendment of section 49-b (subd 1, par [a]) (L 1980, ch 662, § 1, eff June 30, 1980), specifically including within the scope of such orders future employers, stated explicitly that which in our view was clearly intended previously. The moving papers disclose no other change of circumstances to justify the vacating of the prior order. Concur — Sandler, J. P., Ross, Carro, Markewich and Fein, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

81 A.D.2d 559, 438 N.Y.S.2d 332, 1981 N.Y. App. Div. LEXIS 11033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bornstein-v-bornstein-nyappdiv-1981.